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Patent Conflict

Deal Pipeline

In Depth

Mark Itri said that a new FTC/Justice Department plan to prevent patent licensing disputes from keeping electronic products from being sold did not define such issues as good faith negotiation and reasonable and nondiscriminatory terms involving the parties, which means “the door is still wide open on those questions.” Dennis Duchene added that such ambiguity may push more patent disputes into private arbitration, because “negotiating parties will see that as more efficient and a way to keep negotiations confidential.”